Curriculum Vitae
Neil S. Siegel
Associate Professor of Law and Political Science
Duke University
School of Law
Box 90360
Durham, N.C. 277080-0360
phone: 919-613-7157
fax: 919-668-0995
email: nseigel@law.duke.edu
Education
Boalt Hall School of Law, University of California, Berkeley: J.D., 2001
- Graduated 1st in class; Boalt Hall Fellowship (full tuition, fees);
- Senior Articles Editor, California Law Review;
- Jurisprudence Awards in Federal Courts (Mishkin);U.S. Supreme Court Seminar (Choper), Criminal Law (Finkelstein), Constitutional Law & Public Choice (Post and Cooter), Law & Economics (Cooter), 18th Century Constitutional Design (Lieberman)
University of California, Berkeley: Ph.D. (Jurisprudence & Social Policy), 2001
- Dissertation: Intransitivities Protect Minorities: Interpreting Madison's Theory of the Extended Republic;
- Field Examinations in American Constitutional Theory and Law & Economics;
- Berkeley Graduate Fellowship (full tuition, fees, stipend);
- Kadish Center for Morality, Law & Public Affairs Fellow;
- John M. Olin Law & Economics Fellowship
Duke University: M.A. (Economics), 1995
- Full-tuition scholarship; Spengler Fellow
Duke University: B.A., summa cum laude (Economics, Political Science), 1994
- Angier B. Duke Memorial Scholarship (full tuition);
- Phi Beta Kappa; Graduation with Distinction in Economics and Political Science;
- Department of Economics Prize for Best Senior Thesis
Experience
- July 2008 - present: Durham, N.C.
Duke University School of Law
Co-Director, Program in Public Law
Associate Professor of Law and Political Science; July 2007 - present
Assistant Professor of Law and Political Science; July 2004 - June 2007
2004-05 Committees: Journals; Clerkships
2005-06 Committees: Strategic Planning; Workshops/Laterals; Clerkships
2006-07 Committees: Workshops/Laterals; Clerkships
2007-08 Committees: Entry-Level Appointments; Clerkships
2008-09 Committees: Entry-Level Appointments - July 2005 - January 2006: Washington, D.C.
Senator Joseph R. Biden Jr.
United States Senate Judiciary Committee
Special Counsel for Roberts and Alito Hearings - July 2003 - July 2004: Washington, D.C.
Associate Justice Ruth Bader Ginsburg
Supreme Court of the United States
Law Clerk - July 2002 - June 2003: Washington, D.C.
Office of the Solicitor General
United States Department of Justice - June 2001 - June 2002: Charlottesville, VA
Bristow Fellow
Chief Judge J. Harvie Wilkinson III
United States Court of Appeals for the Fourth Circuit
Law Clerk - Washington, D.C.: June 2001
O'Melveny & Myers LLP
Summer Associate San Francisco, CA, Summer 2000 - Fall 2000: Berkeley, CA
Boalt Hall School of Law
University of California, Berkeley
Lecturer appointed by Dean to design/teach Introduction to U.S. Law
Teaching Assistant, Criminal Law (Sanford Kadish) - 1997-2001: Berkeley, CA
Jurisprudence & Social Policy Program
University of California, Berkeley
Graduate Student Instructor
Scholarly Publications
Articles and Essays
- Umpires at Bat: On Integration and Legitimation, 24Constitutional Commentary (forthcoming 2008)
- The Virtue of Judicial Statesmanship, 86 Texas Law Review 959 (2008)
- Dole's Future: A Strategic Analysis, 16 Supreme Court Economic Review 165 (2008)
- International Delegations and the Values of Federalism, 70 Law and Contemporary Problems 93 (2008)
- Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Insight of Paul Mishkin, 95 California Law Review 1473 (2007) (with Robert Post)
- Race-Conscious Student Assignment Plans: Balkanization, Integration, and Individualized Consideration, 56 Duke Law Journal 781 (2006)
- Commandeering and its Alternatives: A Federalism Perspective, 59 Vanderbilt Law Review 1629 (2006)
- Some Modest Uses of Transnational Legal Perspectives in First-Year Constitutional Law, 56 Journal of Legal Education 201 (2006)
- A Theory In Search of a Court, and Itself: Judicial Minimalism at the Supreme Court Bar, 103 Michigan Law Review 1951 (2005)
- A Prescription for Perilous Times, 93 Georgetown Law Journal 1645 (2005)
- Why the Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply to Professor Farber, 18Constitutional Commentary177 (2001)
Comments
- State Sovereign Immunity and Stare Decisis: Solving the Prisoners' Dilemma Within the Court, 89 California Law Review 1165 (2001)
- Sen and the Hart of Jurisprudence: A Critique of the Economic Analysis of Judicial Behavior, 87 California Law Review 1581 (1999)
Works in Progress
- The General Welfare: An Economic Analysis (with Robert Cooter)
- Madison's Reasoning
- “Equal Citizenship Stature”: Justice Ginsburg’s Constitutional Vision in Barack Obama’s America
- Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination
- Pregnancy and Sex-Role Stereotyping, From Struck to Carhart
- The Roberts Court, the Government, and the Individual
Popular Publications
- The Meaning of the Court's Decision in the School Cases, Contra Costa Times, July 2007
- Detainees and the Constitution, Raleigh News & Observer, Sept. 27, 2006, at A13
- Beware the Anti-Freedom Amendment, Raleigh News & Observer, June 9, 2006, at A15
- Separating Childhood Heroes from Today's Politics, Philadelphia Inquirer, Feb. 24, 2006, at A15
- Taking Issue: Americans Deserve Answers, National Public Radio Online, Oct. 20, 2005, at www.npr.org/templates/story/story.php?storyId=4965299
- Remembering Chief Justice Rehnquist, Washington Post, Sept. 5, 2005, at A30
- Rigorous Questions Would Be Only Fair, Philadelphia Inquirer, July 21, 2005, at A19
- The Conservative Choice is a Moderate, Raleigh News & Observer, July 6, 2005, at A13
- The Rhetoric Behind "Strict Constructionism," Durham Herald-Sun, June 19, 2005, at A11 (with Aziz Huq)
- Why President Bush Should Not Take the 5th, Houston Chronicle, June 17, 2005, at B11
- Medical Marijuana: Read Between the Lines, Raleigh News & Observer, June 14, 2005, at A11
- Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal, Jan. 18, 2005 (with Erwin Chemerinsky)
- Nomination Could Bridge Divide, Sun Sentinel (Fort Lauderdale, Fla.), November 22, 2004, at 23A
- The Election and the U.S. Supreme Court, Chicago Tribune, November 2, 2004, at C21
Research Interests
- Constitutional Law Constitutional Law and Economics
- Constitutional Theory Law and Politics
Courses Taught
- Constitutional Law
- U.S. Supreme Court Seminar
- Race, Schools, and the Equal Protection Clause
- Reading Group in Constitutional Theory (with Ernest Young)
- Readings in Ethics: Matters of Life and Death
- Constitutional Law Speaker Series
- Federal Courts Seminar: State Sovereign Immunity and Section Five
Activities
2008-2009 Academic Year- Presenter, “Teaching Legal Doctrine in a Post-Realist World,” Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida, August 6, 2009
- Participant, Searle Center Research Roundtable on “Constitutional Choices” by Michael Greve, Northwestern University School of Law, April 16-17, 2009.
- Participant, Constitutional Theory Conference, University of Southern California School of Law, April 3-4, 2009
- Presenter, “The Roberts Court, the Government, and the Individual,” 15th Annual Clifford Symposium on Tort Law and Social Policy—Rising Stars: A New Generation of Scholars Looks at Civil Justice, Chicago, Illinois, April 2, 2009
- Presenter, Symposium on the Jurisprudence of Associate Justice Ruth Bader Ginsburg, New England Law School, Boston, Massachusetts, March 12, 2009
- Judge, North Carolina State Finals of “We the People: The Citizen and the Constitution” Competition for High School Students, Raleigh, March 6, 2009
- Participant, “Religion and Constitutionalism,” 2009 Maryland Discussion Group on Constitutionalism (the “Schmooze”), University of Maryland School of Law, Baltimore, Maryland, February 27-28, 2009
- Instructor, “Cases that Changed History: Equal Protection and Affirmative Action,” Bill of Rights Institute Program for High School Teachers, Cary, North Carolina, February 16, 2009
- Speaker, “Justice Ginsburg’s Constitutional Vision in President Obama’s America,” American Constitution Society, Duke Law School, February 10, 2009
- Consultant, United States v. Cracker Barrel Old Country Store, Inc. (Title II) (James E. Coleman, Jr., Auditor), February 2009
- Public Interview of Associate Justice Antonin Scalia (with Dean David Levi), “Lives in the Law: A Conversation with Justice Scalia,” January 29, 2009
- Instructor, “U.S. Supreme Court Review of October 2007 Term,” New Jersey Judicial College, Teaneck, New Jersey, November 24, 2008
- Moderator, “U.S. Supreme Court Update,” Program in Public Law, Duke Law School, November 17, 2008
- Participant, “The Second Founding and the Reconstruction Amendments: Toward a More Perfect Union,” American Constitution Society, University of Pennsylvania Law School, November 14, 2008
- Panelist, “The Future of the U.S. Supreme Court,” Discussion Group, Raleigh, North Carolina, October 29, 2008
- Speaker, “Implications of the Upcoming Elections on the U.S. Supreme Court,” SUNY Purchase College, Purchase, New York, October 20, 2008
- Speaker, “Implications of the Upcoming Elections on the U.S. Supreme Court,” Duke University Homecoming Weekend, October 17, 2008
- Instructor, “United States Supreme Court Update,” 2008 Idaho Judicial Conference, Sun Valley, Idaho, October 8, 2008
- Participant, “Treaty Self-Execution,” Duke-Harvard Foreign Relations Law Workshop, Duke Law School, September, 27, 2008
- Instructor, “United States Supreme Court Update,” 2008 Judicial Education Retreat, Rehoboth Beach, Delaware, September 26, 2008
- Speaker, “Supreme Court Practice,” Voices of American Law Project, Pilot Program for North Carolina High School Teachers, Duke Law School, August 15, 2008
- Panelist, “The Jurisprudence of Justice Clarence Thomas,” Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida, July 27, 2008
- Speaker, “United States Supreme Court Update,” Simpson Thacher & Bartlett LLP, New York City, July 1, 2008
- Consultant, Oscar Renda Contracting, Inc. (ORC), ORC v. City of Lubbock, Texas, No 08-10481 (5th Cir.) (Erwin Chemerinsky, Counsel to ORC), July 2008 - present
- Panelist, “Regime Politics and the Roberts Court,” Association of American Law Schools Constitutional Law Conference, Cleveland, Ohio, June 3-6, 2008
- Commentator on Robert Anderson, “Measuring Meta-Doctrine: An Empirical Assessment of Minimalism on the Rehnquist Court,” Association of American Law Schools Constitutional Law Conference, Cleveland, Ohio, June 3-6, 2008
- Instructor, “U.S. Supreme Court Update,” Judicial Conference of Virginia, Williamsburg Marriott Hotel, Williamsburg, Virginia, May 13, 2008
- Participant, Stanford Reproductive Rights Round Table, Stanford, California, May 9, 2008
- Judge, National Finals of “We the People: The Citizen and the Constitution” Competition for High School Students, Washington, D.C., May 2-5, 2008
- Consultant, United States v. Cracker Barrel Old Country Store, Inc. (Title II) (James E. Coleman, Jr., Auditor), April 5-28, 2008
- Instructor, “U.S. Supreme Court Update,” Mississippi Trial & Appellate Judges Spring Conference, Grand Casino Convention Center, Robinsonville, Mississippi, April 24, 2008
- Moderator, “Early Perspectives on the Roberts Court,” Alumni Weekend, Duke Law School, April 12, 2008
- Keynote Address, “Judicial Umpires at Bat,” Admitted Students Open House Luncheon, Cameron Indoor Stadium Hall of Honor, March 28, 2008
- Moderator, “Remembering Brown v. Board of Education” (with Jack Greenberg, Louis H. Pollak, John Hope Franklin, and Guy Uriel-Charles), Duke Law School, March 27, 2008
- Instructor, “Military Detention and Habeas Corpus in the War on Terrorism: Five Questions,” 2008 Duke-Federal Judicial Center Judges’ Program, Duke Law School, March 13, 2008
- Speaker, “A Progressive Vision of the U.S. Constitution,” American Constitution Society, Duke Law School, February 1, 2008
- Presenter, “The Virtue of Judicial Statesmanship,” Constitutional and Legal Theory Colloquium, University of Texas at Austin, January 24, 2008
- Instructor, “U.S. Supreme Court Case Review,” Annual Conference of Judges, Bloomington, Minnesota, December 7, 2007
- Keynote Speaker, Duke Law School Board of Visitors Dinner, Washington Duke Inn, Durham, October 19, 2007
- Public Interview of Jeffrey Toobin (with Dean David Levi), “The Nine: Inside the Secret World of the Supreme Court,” Sanford Institute of Public Policy, October 11, 2007
- Panelist, “Supreme Court Preview,” Program in Public Law, Duke Law School, October 1, 2007
- Panelist, “School Integration: Legal Implications of Parents Involved,” American Constitution Society and Program in Public Law, Duke Law School, September 5, 2007
- Presenter, “The Jurisprudence of Justice Anthony M. Kennedy,” Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida, August 4, 2007
- Speaker, “United States Supreme Court Update,” Simpson Thacher & Bartlett LLP, New York City, June 2007
- Instructor, “U.S. Supreme Court Update,” Tennessee Judicial Conference, Sheraton Music City, Nashville, Tennessee, June 2007
- Speaker, “U.S. Supreme Court Update,” Duke Law School Alumni Event, Perkins Coie LLP, Seattle, Washington, June 2007
- Panelist, LENS Conference, “Confronting Terrorism Here and Abroad: Which Way Forward?,” Center on Law, Ethics & National Security, Program in Public Law, and Center for International and Comparative Law, Duke Law School, April 2007
- Presenter and Participant, The Law and Politics of International Delegations, Duke Law School, February 2007
- Instructor, “U.S. Supreme Court Case Review,” Annual Conference of Judges, Bloomington, Minnesota, December 2006
- Presenter, “Race-Conscious Student Assignment Plans,” Education Law and Policy Society, Duke Law School, November 2006
- Presenter, “Preparing For and Taking Final Exams,” Duke Law School, November 2006
- Instructor, “Recent Decisions of the U.S. Supreme Court,” Winter Judicial Conference, Tulsa, Oklahoma, November 2006
- Presenter and Participant, “International Delegations and the Values of Federalism,” Duke- Harvard International Delegations Workshop, Duke Law School, November 2006
- Speaker (with H. Jefferson Powell), “Use of International and Foreign Law in Interpreting the U.S. Constitution,” American Constitution Society, Duke Law School, October 2006
- Presenter and Participant, “Theorizing the Law/Politics Distinction,” Conference in Honor of Paul Mishkin, Boalt Hall School of Law, University of California, Berkeley, October 2006
- Presenter, “The General Welfare Clause and the Theory of Public Goods,” Law and Economics Workshop, Boalt Hall School of Law, University of California, Berkeley, October 2006
- Presenter, Appellate Practice Course, Duke Law School, September 2006
- Lecturer, “The Court, the Constitution, and the Country,” Constitution Day Address, Westchester Community College, Westchester, New York, September 2006
- Presenter, “U.S. Supreme Court Preview,” Program in Public Law, Duke Law School, August 2006
- Presenter, “The U.S. Supreme Court,” Duke Law School, July 2006
- Presenter, “U.S. Supreme Court Preview,” Annual Meeting of Southeastern Association of Law Schools, Palm Beach, Florida, July 2006
- Judge, National Finals of “We the People: The Citizen and the Constitution” Competition for High School Students, Washington, D.C., May 2006
- Speaker (with Erwin Chemerinsky), “U.S. Supreme Court Update,” Duke Law School, April 2006
- Speaker, “U.S. Supreme Court Update,” Virginia Trial Lawyers Association, The Homestead, Viriginia, April 2006
- Presenter (with Robert Cooter), “The General Welfare Clause and the Theory of Public Goods,” Duke Law School Faculty Colloquium, March 2006
- Consultant to City of Raleigh, North Carolina, Green v. City of Raleigh, 523 F.3d 293 (4th Cir. 2008), February 2006
- Speaker, “U.S. Supreme Court Update,” Duke Law School Alumni Event, Philadelphia, Pennsylvania, February 2006
- Presenter, “Dole’s Future,” Temple University School of Law Faculty Colloquium, Philadelphia, Pennsylvania, February 2006
- Presenter, “Dole’s Future,” University of San Diego School of Law Faculty Colloquium, San Diego, California, February 2006
- Judge and Speaker, North Carolina State Finals of “We the People: The Citizen and the Constitution” Competition for High School Students, Raleigh, February 2006
- Presenter, “Commandeering and Its Alternatives: A Federalism Perspective,” American Enterprise Institute Federalism Roundtable, Washington, D.C., January 2006
- Presenter, “Commandeering and Its Alternatives: A Federalism Perspective,” Duke Law School Faculty Early Stages Workshop, January 2006
- Panelist, “Integrating Transnational Legal Perspectives into the First-Year Constitutional Law Curriculum,” Association of American Law Schools Annual Meeting, Washington, D.C., January 2006
- Panelist, “A Mid-Term Supreme Court Preview,” Program in Public Law, Duke Law School, January 2006
- Nightly Commentator, U.S. Supreme Court Confirmation Hearings of Judge Samuel A. Alito, National Public Radio, January 2006
- Instructor, “U.S. Supreme Court Update,” New Jersey Judicial College, Teaneck, New Jersey, November 2005
- Panelist, “Judgment of the Times,” Terry Sanford Institute of Public Policy and the Duke Political Union, Duke University, November 2005
- Speaker, “Virginia v. Black,” Discussion Following Presentation of a Video Created by Professor Tom Metzloff, Braxton Craven Inn of Court, Duke Law School, October 2005
- Panelist, “Cronyism and the Future of the Supreme Court: The Nomination of Harriet Miers,” American Constitution Society, October 2005
- Panelist, “Supreme Court Changes and the Confirmation Process,” Constitution Day Celebration Panel, Cone Center, UNC Charlotte, September 2005
- Panelist, “A Discussion of the Legacy of Chief Justice William H. Rehnquist,” Program in Public Law, Duke Law School, September 2005
- Moderator, “Reflections on the ‘O’Connor Court’ and the Prospects for Change in Constitutional Doctrine After Her Retirement,” Program in Public Law, Duke Law School, August 2005
- Co-Organizer and Presenter, Conference on Constitutional Law and Economics, University of California at Berkeley, August 2005
- Special Counsel, U.S. Senator Joseph Biden, Senate Judiciary Committee, July-October 2005
- Speaker, “U.S. Supreme Court Update,” Simpson Thacher & Bartlett LLP, New York, July 2005
- Panelist, American Enterprise Institute for Public Policy Research, Fifth Annual Supreme Court Review, Washington, D.C., June 2005
- Seminar Instructor, Durham Public Schools’ History Connect(!) Summer Institute, Duke University, June 2005
- Judge and Alumni Speaker, National Finals of “We the People: The Citizen and the Constitution” Competition for High School Students, Washington, D.C., April 2005
- Participant, “The Political Economy of a Federal Constitution,” Liberty Fund Conference, Alexandria, Virginia, April 2005
- Instructor, “We the People: The Citizen and the Constitution Weekend Workshop,” Salter Path, North Carolina, March 2005
- Judge and Keynote Speaker, North Carolina State Finals of “We the People: The Citizen and the Constitution” Competition for High School Students, Raleigh, NC, January 2005
- Moderator, “Supreme Court Advocacy,” Program in Public Law, Duke Law School, November 2004
- Panelist, “What Will the Election Mean?” Fuqua School of Business, Duke University, October 2004
- Presenter, “Judicial Minimalism at the Supreme Court Bar,” Early Stages Workshop, Duke Law School, October 2004
- Speaker (with Erwin Chemerinsky), “Preview of Supreme Court Term,” Program in Public Law, Duke Law School, October 2004
- Panelist, “Interrogation, Detention, and the Powers of the Executive,” Sixth Annual Conference of the Program in Public Law, Duke Law School, September 2004
- Speaker (with Sara Beale), “The Implications of Blakely v. Washington,” American Constitution Society, Duke Law School, August 2004
